Can divorce occur in intoxication and in depression?

Answered according to Hanafi Fiqh by DarulIftaBirmingham

What are sayingUlmah about Waheed Ali S/o M.Ayoub Jokhio who is mentally Depressed he has given 2 times divorce in one sitting to his wife Shumailla D/o Abdul Hafeez Qureshi in Angry and drunken condition due to family problems, After that his Wife stressed him that you will give me divorce in front of witnesses then both went to get Dr.Tasneem as a witness and infront of him he given 2 divorces. Please tell me that in such condition divorce can be effective or not? If it effective then how many divorce effective?

Answer:

In the name of Allah, the most Beneficent, the most Merciful.

The first two talaqs the husband gave  in the state of intoxication, without doubts these two talaqs will occur according to the Hanafi Fiqh.

Ibn Abideen Shami raḥimahullāh (may Allāh have mercy upon him) has said, “The ruling is that if a person is intoxicated by using unlawful means, then he is not absolved of responsibility, and the rulings will apply to him.”

In another place he says, “If his sanity is affected by a headache or with any lawful thing, then talaq in that state will not be effected.” (Raddul Muhtar p.444 v.4)

However, regarding the issuing of the second two talaqs, if the husband’s mind and intellect was unbalanced and obscured, then such a person’s talaq is ineffective and not valid.

Imam Kasani raḥimahullāh (may Allāh have mercy upon him) has said ‘And amongst the conditions of Talaq is that he be sane, literally and figuratively.  The talaq of an insane person is not effected, nor that of an immature boy, who is not of an understanding age.’   (Badaius Sanai p.179 v.4)

Therefore, the conclusion we can come to is only two talaqs have occurred and you taking your wife back by revoking the talaq will be correct.

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham

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